EU Citizens: Permanent Residence

The government has committed itself to ensuring that EU Citizens currently in the United Kingdom will continue to have the right to reside here.

In light of the above, the government has proposed to simplify the process for all EU citizens and their family members to apply for the permanent residence. The proposal includes reducing a number of requirements thereby moving away from the complex application that is enforced today. The effects of this proposal will potentially allow applicants with a higher possibility of being granted status.

However, the Migration Observatory recently stated that, in practice, it might not be easy to ensure all EU Citizens will maintain their rights post Brexit. Some could potentially risk not securing the ‘settled status’ due to one or both reasons stated below:

1) Awareness:

A number of people may not be aware that they can and need to apply. An example could potentially by a EU Citizen who arrived in the UK 30 years ago or a UK born child believing that they are automatically UK Citizens.

Some individuals may not submit an application in fear of being rejected. An example could be someone who has been previously refused permanent residence under the existing, more restrictive system, or someone with minor criminal convictions or cautions.

Others may simply require assistance to complete the application due to the language barrier.

2) Documents:

The new proposed system will rely on information that the government already holds for most applicants, making it a simple and easy process. However, depending on the scenario, some applicants may be required to submit supporting documents.

The report by Migration Observatory stated that an estimated 3.4% of people age 18 and over in the UK don’t have bank accounts, according to data requested from the Office for National Statistics. This could be reflected on just over 90,000 non-Irish EU citizen adults. Therefore, when one does not have the documents required, are there ways to overcome this hurdle?

The above outlines some potential difficulties in achieving settled status for EU Citizens. Therefore, if you are in doubt or need advice call our offices today and book an initial consultation with one of our experts.

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LUPINS have a specialist team of experts in EU Law with a wealth of experience submitting successful applications on behalf of EEA Nationals and their family members. If you have any queries or require representation please do not hesitate to contact our team of experts on 020 3503 0880 or email enquiries@lupinslaw.com

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It doesn’t matter if you are a recent migrant to the UK or have lived here all your life,
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